Topic: Hiring and Firing

Firing Up on the Job Can Still Get You Fired: What New Marijuana Laws Mean for Employers

[Editor’s note: for full effect you might consider playing the song embedded below as you read the latest on this buzzing topic.] On November 6 of this year, voters in both Colorado and Washington approved initiatives to legalize the possession and use of small amounts of marijuana. What do the new laws mean for employers… Read more »

5 Tips for Navigating the Employee References Minefield

 True or false: When asked to give a reference for a terminated employee, you should provide only the person’s name, dates of employment and, if asked, salary level? True. Furnish just about any other information and – assuming it’s negative – the former employee could sue your company for, among other things, defamation. (Fisher &… Read more »

Are You Doing Your Part to Prevent Workplace Bullying?

“Everyone deserves a safe, healthy workplace.” (Workplace Bullying Institute) October 14 – 21 is National Freedom from Workplace Bullying Week. What does that mean for employers and HR managers? From XpertHR: ““During this week… [e]mployers should demonstrate that they will take all necessary steps aimed at curbing workplace bullying and preventing an abusive workplace by… Read more »

Employer Violated NLRA When Terminating Employee for Harassment

The National Labor Relations Board has found the termination of an employee who violated his employer’s harassment policy to be unlawful. Neil Goldsmith and Chris Johlie (from law firm Franczek Radelet) provide background: “… the employer was in the midst of a decertification campaign when several female employees lodged a written complaint over vulgar, harassing… Read more »

Filling a Vacancy? Your Best Candidate Might Be Less Qualified, Says Court

“Federal and state governments, and the plaintiff’s bar, have laid down a dangerous maze that every employer has to traverse to hire and retain employees in hopes of achieving success… In interviewing, hiring, employing, paying and severing an employee, there is a minefield employers need to negotiate. Things like Title VII, ADA, ADEA, FCRA, EPA,… Read more »

Workplace Discrimination Lawsuits: A Look Into The Future

Employers take note: the landscape of employee discrimination litigation is changing. That’s the message of a recent update from law firm Spilman Thomas & Battle: “For employment lawyers, the elements of an employment discrimination lawsuit are second nature: a plaintiff must belong to a protected class, the employer must make an adverse employment decision, and… Read more »

Pennsylvania Enacts E-Verify Requirement for Public Contractors

Starting on January 1, 2013, Pennsylvania public contractors and subcontractors will have a bit more paperwork to complete when making new hires. That’s the date the state’s Public Works Employment Verification Act takes effect. For your reference, a Q&A on the new law:   What is E-Verify? “E-Verify is a free Internet-based system that is… Read more »

Recruiters Should Exercise Caution When Evaluating Social Media Activity of Job Candidates

There’s been a lot of discussion in recent months of employer access to the public and private social media activity of candidates and existing employees. Recruiters? Not so much. That’s troublesome, writes employment attorney Alexander Nemiroff: “Recruiters are increasingly turning to social media to screen and recruit candidates. Jobvite’s 2012 Social Recruiting Survey found that… Read more »

Social Media Law – The “Keep Your Hands Off My Password” Edition

Employer access of social media accounts owned by existing and potential employees continues to capture the interest of state and federal legislators. From law firm Downs Rachlin Martin: “… just last month, Maryland became the first state to officially put a password privacy law ‘on the books.’ Maryland’s law, which goes into effect this October,… Read more »

Transgender Employees Protected Against Workplace Discrimination, EEOC Rules

In a recent decision, the Equal Employment Opportunity Commission ruled that the Civil Rights Act protects transgendered employees from discrimination in the workplace. In its ruling, the EEOC said that Mia Macy, a transgendered woman, could proceed with a charge of gender identity discrimination against the Bureau of Alcohol, Tobacco, Firearms and Explosives. Macy claims… Read more »

Interns or Employees: 5 Takeaways from Recent Lawsuits

“In recent months a number of interns have sued their former employers, claiming that they should have been classified as employees for purposes of state and federal wage and hour laws. The plaintiffs in these cases – who were not paid while serving as interns – are seeking to recover wages for all hours worked,… Read more »

3 Videos Every Business Owner Should Watch

For your reference, here are three excellent video advisories by leading law firms, of interest to any business owner, entrepreneur, manager, or the like: On Data Privacy & Security Loeb & Loeb LLP attorneys Seth Rose and Jim Taylor provide insights into what companies can do to mitigate the risk of litigation in the areas… Read more »

3 Things You Have To Do When Terminating an Employee for Theft

If the fear of employees stealing from your business keeps you awake at night, you’re probably not alone: experts estimate that employee theft costs employers billions each year. When it happens, here are three things you must do, from labor & employment lawyers on JD Supra: 1.Keep your cool: “The responsible employer should not permit… Read more »

Social Media Policies: Is Your Procrastination Putting Your Company at Risk?

“As we know, the (communication) revolution will be more than ‘televised’ because it is posted, liked, blogged, tweeted and linked, anytime, anywhere.” (Social Media and the Workplace: Virtual Worlds and Legal Realities in 2011 by Luce Forward) Think your employees aren’t on Twitter (or Facebook, LinkedIn, or any of the countless other social media and networking platforms)?… Read more »